[A1597/3/13]¹

Act regarding the registration of hornings etc.

The king's majesty, with advice of his nobility, council and estates presently convened, considering how creditors having denounced persons and craving their hornings to be registered in the sheriff books where the said denunciations was made, the same has been refused by a great number of the said sheriff clerks, when as the said persons denounced are either near of blood or allies to the sheriff of the said shire. Upon the which refusal, the parties in time bygone, users of the said letters of horning, have only taken instruments in no way suiting the same to be registered in any other books whatsoever, whereby his majesty is very far defrauded, not being able to know or understand of the said parties' denunciation by reason the same is in no way [...]²; and thereafter the said party, user of the said letters, and the persons denounced agree, they destroy the said letters of horning only to the effect his majesty be defrauded of their escheats. For remedy whereof, his majesty, with advice foresaid, statutes and ordains that all such hornings which are refused by the said sheriff clerks to be registered as said is shall be immediately (after that instruments be taken of the said refusal) brought to the clerk register and his deputes to be registered in the books of council and session or then to the next sheriff books of the shire lying most near and adjacent to the said sheriffdom, and that at the option of the party, user of the said letters of horning, to the effect the said person's denunciation may be the better known to his highness's treasurer and advocate, that his majesty be in no way defrauded of their escheats. And declares that the said hornings, notwithstanding that they report the said instrument of refusal, shall be of no force, strength nor effect unless the same horning, with the instrument of refusal, be registered in the said books of council or then in the said sheriff books within the space of one month next after the date of the said instrument of refusal. And ordains letters of publication to be directed hereupon in the appropriate form.